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IRBY v. RALEY

34763.

88 Ga. App. 807 (1953)

78 S.E.2d 72

IRBY v. RALEY et al.

Court of Appeals of Georgia.

Decided October 1, 1953.

Attorney(s) appearing for the Case

Marshall L. Fountain, for plaintiff in error.

Harris, Chance & McCracken, J. Roy McCracken, contra.

FELTON, J.

1. The plaintiff in error contends that the processioners' return should have been made to the Board of Commissioners of Roads and Revenue of Jefferson County, instead of to the Ordinary of Jefferson County, and that for this reason the motion to dismiss should have been sustained. To support this contention he argues that when the Supreme Court expressly held in Braden v. Martin, 136 Ga. 868 (1b) (72 S. E. 342), and Barnhill v.

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